Substitute House Bill No. 6335
Substitute House Bill No. 6335
PUBLIC ACT NO. 97-71
AN ACT CONCERNING CERTAIN LAND UNDER THE CONTROL
OF THE COMMISSIONER OF ENVIRONMENTAL PROTECTION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 22a-26 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Environmental Protection,
with the approval of the Secretary of the Office
of Policy and Management, may convey, lease or
transfer the care and control of any land owned by
the state and controlled by the Department of
Environmental Protection to the federal government
or any agency thereof, to any state agency or to
any municipality or regional authority, upon such
terms and for such periods as may be mutually
agreed upon, or may enter into any agreements with
such agency, municipality or authority for the
joint care, operation or preservation thereof. THE
COMMISSIONER OF ENVIRONMENTAL PROTECTION, WITH THE
APPROVAL OF THE SECRETARY OF THE OFFICE OF POLICY
AND MANAGEMENT, MAY CONVEY ANY LAND THAT THE STATE
ACQUIRES PURSUANT TO 42 USC 9601 ET SEQ., THE
FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, (CERCLA), TO ANY MUNICIPALITY OR TO ANY
POTENTIALLY RESPONSIBLE PARTY OR ANY GROUP OF
POTENTIALLY RESPONSIBLE PARTIES UNDER 42 USC 9607,
UPON SUCH TERMS AS ARE AGREED TO BY THE
COMMISSIONER AND THE TRANSFEREE. Any state agency,
with the approval of the Secretary of the Office
of Policy and Management, any municipality or
regional authority may convey, lease or transfer
the care and control of any land owned or
controlled by it to the Commissioner of
Environmental Protection upon such terms and for
such periods as may be mutually agreed upon.
Sec. 2. Section 4b-21 of the general statutes
is amended by adding subsection (g) as follows:
(NEW) (g) The requirements of subsections (b)
to (d), inclusive, of this section shall not apply
to land which the Commissioner of Environmental
Protection has acquired pursuant to 42 USC 9601 et
seq., the federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980,
as amended, (CERCLA).
Sec. 3. Section 26-3b of the general statutes
is amended by adding subsection (c) as follows:
(NEW) (c) The commissioner shall grant a right
of first refusal regarding the purchase of any
land offered for sale under subsection (b) of this
section to any person who has provided notice of
interest in such right to the commissioner under
this subsection and who provides evidence
satisfactory to the commissioner that (1) such
person is the husband or wife, parent,
grandparent, sibling, child or grandchild of (A) a
person who held title to the land in fee
immediately prior to the state's taking title
provided the state acquired such title on or after
January 1, 1969, and prior to January 1, 1975, and
(B) a person who owns land contiguous to the land
being offered for sale, or (2) such person (A) is
the husband or wife, parent, grandparent, sibling,
child or grandchild of a person who held title to
the land immediately prior to the state's taking
title provided the state acquired such title on or
after January 1, 1969, and prior to January 1,
1975, and (B) owns land contiguous to the land
being offered for sale. Notice of interest in such
right shall be in writing and shall provide an
address to which notice of an offer for sale may
be sent and shall further provide any information
the commissioner deems relevant to any
determination required of him under this
subsection. If he finds that such notice is
complete, the commissioner shall send notice to
such person, by certified mail, prior to offering
such land for sale to any other person under
subsection (b) of this section. Such right shall
be exercised not later than thirty days after the
date that notice of an offer for sale is received.
In the event that more than one notice of interest
is filed with the commissioner, the person who
provided the first notice deemed complete by the
commissioner shall be given the right of first
refusal.
Sec. 4. This act shall take effect from its
passage.
Approved May 27, 1997